[2025] FWC 2631
Citation: [2025] FWC 2631
What happened
the Applicant was employed by iMile Delivery & Logistic Pty Ltd (iMile Australia) from October 2023, following a prior contract with a related company in China. She was initially a Supply and Distribution Manager, later demoted to warehouse operator in November 2024. In January 2025, her accrued leave was paid out, effectively ending her employment. Following this, she was detained by Chinese police and subsequently dismissed by iMile Hangzhou. iMile Australia alleges misconduct related to procurement practices, including engaging a supplier (VIBOT) at a higher cost and assisting its director with a visa application. the Applicant denies these allegations and claims she was acting under instruction and for business continuity.
What was decided
The Fair Work Commission found that the Applicant was unfairly dismissed. The Commissioner rejected iMile Australia’s claims of misconduct, finding the evidence unpersuasive and often contradictory. The Commissioner accepted the Applicant's evidence regarding her actions and the circumstances she faced in establishing iMile Australia's presence in the local market. The Commission determined that compensation was an appropriate remedy for the unfair dismissal. The application was made within the prescribed period under the Fair Work Act 2009.
What it means for employers
Employers should ensure clear and consistent procurement processes are in place and communicated to employees, especially in new or expanding operations. It is crucial to provide adequate training and support to employees in unfamiliar roles and markets. Allegations of misconduct should be thoroughly investigated with reliable evidence, and employees should be given an opportunity to respond to those allegations before dismissal.
What it means for employees
Employees should document instructions and approvals received from superiors, particularly when making decisions that deviate from standard procedures. If facing allegations of misconduct, it's important to gather evidence and present a clear explanation of actions taken.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →